(5)A youth rehabilitation order which imposes an extended activity requirement (and other requirements in accordance with sub-paragraph (4)) is referred to in this Part of this Act as “a youth rehabilitation order with intensive supervision and surveillance” (whether or not it also imposes any other requirement mentioned in section 1(1)).

Youth rehabilitation order with fostering

4(1)This paragraph applies where paragraphs (a) to (c) of section 1(4) are satisfied.

(2)If the court is satisfied—

(a)that the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and

(b)that the imposition of a fostering requirement (see paragraph 18) would assist in the offender’s rehabilitation,

it may make a youth rehabilitation order in accordance with section 1 which imposes a fostering requirement.

(3)But a court may not impose a fostering requirement unless—

(a)it has consulted the offender’s parents or guardians (unless it is impracticable to do so), and

(b)it has consulted the local authority which is to place the offender with a local authority foster parent.

(4)A youth rehabilitation order which imposes a fostering requirement must also impose a supervision requirement.

(6)A youth rehabilitation order which imposes a fostering requirement is referred to in this Part of this Act as “a youth rehabilitation order with fostering” (whatever other requirements mentioned in section 1(1) or (2) it imposes).

Intensive supervision and surveillance and fostering: further provisions

5(1)A youth rehabilitation order with intensive supervision and surveillance may not impose a fostering requirement.

prevents a court from making a youth rehabilitation order with intensive supervision and surveillance in respect of an offender if the offender fails to comply with an order under section 161(2) of the Criminal Justice Act 2003 (pre-sentence drug testing).

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